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Job Listing Site Highlighting H-1B Positions So Americans Can Apply

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Re: Job Listing Site Highlighting H-1B Positions So Americans Can Apply

#71

Post by VincentEvans »

shaftway wrote: post #44
rkomorn wrote: post #23

Earlier quoted context omitted.

In many places it's talked about only by immigration lawyers and people who must be involved. If you're not very active in recruiting (especially at a sizeable company), it's not hard to be outside of the circles where those conversations are happening.

This happens at a much smaller level too. We knew an au pair that the host family particularly liked, and wanted her long term. A typical au pair contract is for 1 year, maximum is 2. They worked with an immigration attorney to craft a "job" that she was uniquely qualified for, went through the whole dance, and got her into the system. She stayed with them for the next 10 years. They covered room and board, but she w…

I can’t even tell how this would be different from what is commonly termed as human trafficking.

Re: Job Listing Site Highlighting H-1B Positions So Americans Can Apply

#72

Post by IgnatiusLoyola »

healsdata wrote: post #16

At least one company I worked at purposefully crafted these job descriptions so that no one would be qualified. They'd find the most obscure parts of our tech stack, require hands on experience with each library, knowledge of our niche, and so on. You basically had to be already working for us to have the required experience.

I do feel a bit bad for H-1Bs. When you think about it, we’re pulling so much top talent out of India. If the U.S., Canada, the UK, Australia, New Zealand, Ireland, and Germany weren’t giving out these visas so easily, maybe India would be in a better position to develop its own economy, infrastructure, and institutions, instead of exporting its workforce. Their best engineers, consultants, analysts, all leaving to work in Western corporations like Fannie Mae, Freddie Mac, Deloitte, PNC Bank, Chevron, Shell, Goldman Sachs, Bank of America, JPMorgan Chase, Citibank, EY, KPMG, PwC, IBM, Oracle, Apple, Qualcomm, Uber, Cisco, Salesforce, Tesla, Adobe, Intel, Nvidia, Bloomberg, Dell, Visa, British Petroleum, Microsoft, Google, Amazon, Meta, LinkedIn, VMware, ServiceNow, Snowflake, Intuit, Morgan Stanley, Capital One, American Express, Stripe, Cigna, meanwhile, their home country loses the people who might be solving real domestic challenges. It’s not ideal. Maybe India could’ve used a few of them.

Re: Job Listing Site Highlighting H-1B Positions So Americans Can Apply

#73

Post by filleduchaos »

dilyevsky wrote: post #62
filleduchaos wrote: post #58

Earlier quoted context omitted.

The point is not that the transfer is difficult, the point is that finding a suitable new job in the designated time period has a difficulty you can't predict.

are we talking about just switching or getting fired and trying to find new h-1b job? because these are two completely different procedures from uscis standpoint. the claim about h-1b being "indentured servitude" that people are trying to make usually hinges on it being hard to transfer (which is not the case), not the short grace period after getting fired.

I find it rather strange that you talk about them as if they are two separate things when they are intrinsically linked. You have ~60 days from the date of employment termination to have your work permit transferred or you are out of status, period. Leaving your job (whether via resigning or getting fired or laid off) without something already lined up is thus quite obviously much more risky than it is for someone who doesn't have that sword hanging over their head. I'd sincerely hope it doesn't need explaining how this tilts the balance of power even more in the employer's favour.

Re: Job Listing Site Highlighting H-1B Positions So Americans Can Apply

#74

Post by IgnatiusLoyola »

IgnatiusLoyola wrote: post #72
healsdata wrote: post #16

At least one company I worked at purposefully crafted these job descriptions so that no one would be qualified. They'd find the most obscure parts of our tech stack, require hands on experience with each library, knowledge of our niche, and so on. You basically had to be already working for us to have the required experience.

I do feel a bit bad for H-1Bs. When you think about it, we’re pulling so much top talent out of India. If the U.S., Canada, the UK, Australia, New Zealand, Ireland, and Germany weren’t giving out these visas so easily, maybe India would be in a better position to develop its own economy, infrastructure, and institutions, instead of exporting its workforce. Their best engineers, consultants, analysts, all leaving to w…

[dead]

Re: Job Listing Site Highlighting H-1B Positions So Americans Can Apply

#75

Post by 1024core »

dilyevsky wrote: post #50
orochimaaru wrote: post #38

Earlier quoted context omitted.

It’s not easy to switch. I’ve been on this more than a decade ago and if you’re laid off or leave you have 60 days to find something new. Any job you take you need your new employer to be able to undertake the effort for H1B renewals and the inevitable green card application. There’s big companies that do it and smaller ones that will absolutely refuse to. Either way an H1B prefers to stick around until the green car…

It was probably closer to truth 20 years ago just for lack of experience among lawyers and hr but today h-1b transfer is not hard at all.

It may not be hard, but there are no guarantees and a clock is ticking.

Say you lose your job. Boom, the clock starts ticking and now you're in a rush to find an acceptable job that meets the criteria of H1B.

Say your manager mistreats you; denies you promotion, raises, etc. and you want to leave. You can't just quit and start looking. You have to line up something that will come through in 60 days and only then you can be free to quit.

None of these situations apply to citizen or PRs. It tilts the balance definitely to the employer's advantage.

Re: Job Listing Site Highlighting H-1B Positions So Americans Can Apply

#76

Post by dilyevsky »

1024core wrote: post #75
dilyevsky wrote: post #50

Earlier quoted context omitted.

It was probably closer to truth 20 years ago just for lack of experience among lawyers and hr but today h-1b transfer is not hard at all.

It may not be hard, but there are no guarantees and a clock is ticking. Say you lose your job. Boom, the clock starts ticking and now you're in a rush to find an acceptable job that meets the criteria of H1B. Say your manager mistreats you; denies you promotion, raises, etc. and you want to leave. You can't just quit and start looking. You have to line up something that will come through in 60 days and only then you…

> You can't just quit and start looking.

So? You’re not entitled to always get your favorite thing. Shocking, i know. Get a transfer, then turn in the notice. How hard can that be?

Id argue if you cant just get another job you’re probably not entitled to this visa designed for workers in high demand.

Re: Job Listing Site Highlighting H-1B Positions So Americans Can Apply

#77

Post by dilyevsky »

filleduchaos wrote: post #73
dilyevsky wrote: post #62

Earlier quoted context omitted.

are we talking about just switching or getting fired and trying to find new h-1b job? because these are two completely different procedures from uscis standpoint. the claim about h-1b being "indentured servitude" that people are trying to make usually hinges on it being hard to transfer (which is not the case), not the short grace period after getting fired.

I find it rather strange that you talk about them as if they are two separate things when they are intrinsically linked. You have ~60 days from the date of employment termination to have your work permit transferred or you are out of status, period. Leaving your job (whether via resigning or getting fired or laid off) without something already lined up is thus quite obviously much more risky than it is for someone wh…

> You have ~60 days from the date of employment termination to have your work permit transferred or you are out of status, period.

What the hell else supposed to happen to your temp worker visa when you’re no longer a worker? Are you supposed to just get an immigration hall pass indefinitely?

Same point as in sibling thread - if you cant get a new job lined up while still employed or within 60 days of being laid off, you clearly dont possess "distinguished merit and ability" which is the entire purpose of this visa

Re: Job Listing Site Highlighting H-1B Positions So Americans Can Apply

#78

Post by dilyevsky »

c0nducktr wrote: post #66
Schnitz wrote: post #56

Earlier quoted context omitted.

This is referred to as tayloring and it is not allowed. Furthermore you have to have the experience for the job from before you started working for the sponsoring employer, so tayloring can only target your prior experience, not what you learn on the job.

> This is referred to as tayloring and it is not allowed. Frankly, I'm going to assume that it's not allowed in the same way that speeding is 'not allowed'.

If you get caught you get audits on every single application which means $$$ to lawyers then if you fail audits you get debarred from the program

Re: Job Listing Site Highlighting H-1B Positions So Americans Can Apply

#79

Post by [deleted] »

dilyevsky wrote: post #77
filleduchaos wrote: post #73

Earlier quoted context omitted.

I find it rather strange that you talk about them as if they are two separate things when they are intrinsically linked. You have ~60 days from the date of employment termination to have your work permit transferred or you are out of status, period. Leaving your job (whether via resigning or getting fired or laid off) without something already lined up is thus quite obviously much more risky than it is for someone wh…

> You have ~60 days from the date of employment termination to have your work permit transferred or you are out of status, period. What the hell else supposed to happen to your temp worker visa when you’re no longer a worker? Are you supposed to just get an immigration hall pass indefinitely? Same point as in sibling thread - if you cant get a new job lined up while still employed or within 60 days of being laid off,…

[deleted]

Re: Job Listing Site Highlighting H-1B Positions So Americans Can Apply

#80

Post by rkomorn »

shaftway wrote: post #44
rkomorn wrote: post #23

Earlier quoted context omitted.

In many places it's talked about only by immigration lawyers and people who must be involved. If you're not very active in recruiting (especially at a sizeable company), it's not hard to be outside of the circles where those conversations are happening.

This happens at a much smaller level too. We knew an au pair that the host family particularly liked, and wanted her long term. A typical au pair contract is for 1 year, maximum is 2. They worked with an immigration attorney to craft a "job" that she was uniquely qualified for, went through the whole dance, and got her into the system. She stayed with them for the next 10 years. They covered room and board, but she w…

Sure but that's also an entirely different context than the one of the comment I was replying to.
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